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LRB-5974/1
ARG:all
2019 - 2020 LEGISLATURE
March 26, 2020 - Introduced by Senator Larson. Referred to Committee on
Economic Development, Commerce and Trade.
SB931,1,5 1An Act to renumber and amend 125.272 and 125.51 (6); to amend 125.02 (20)
2and 139.25 (9); and to create 125.07 (1) (b) 7., 125.07 (2) (c), 125.272 (2), 125.51
3(6) (b) and 139.11 (1m) of the statutes; relating to: alcohol beverages delivery
4and the face-to-face requirement for retail sales of alcohol beverages during a
5declared public health emergency.
Analysis by the Legislative Reference Bureau
This bill allows, during a public health emergency, certain alcohol beverages
retailers to make online or telephone sales of alcohol beverages and deliver the
alcohol beverages to the customer or to have the alcohol beverages delivered to the
customer by an independent third-party delivery service.
Under current law, with limited exceptions, no person may sell alcohol
beverages to a consumer unless the seller possesses a license or permit authorizing
the sale. A Class “B" license authorizes the retail sale of fermented malt beverages
(beer) for consumption on or off the premises. Except when issued to a winery, a
“Class B" license authorizes the retail sale of intoxicating liquor, which includes wine
and distilled spirits, for consumption on the licensed premises and, subject to certain
restrictions, the retail sale of intoxicating liquor in original packages for
consumption off the licensed premises. Class “A” and “Class A” licenses authorize
the retail sale of, respectively, beer and intoxicating liquor in original packages for
consumption off the licensed premises. Each of these retail licenses is issued by a
municipality.

Also under current law, a retail license authorizes only face-to-face sales of
alcohol beverages to consumers at the licensed premises. After the sale is made on
the licensed premises, if the alcohol beverages are sold for off-premises
consumption, the retailer may deliver the alcohol beverages to a location designated
by the consumer. The sale to the consumer on the licensed premises is governed by
certain requirements, including that the purchaser be of legal drinking age, that the
sale be made only during certain hours, and that the licensed premises be supervised
by a person holding an operator's (bartender's) license.
This bill allows, during a public health emergency declared by the governor, an
alcohol beverages retailer to process and fill an online or telephone order for the sale
and delivery of both food and alcohol beverages or alcohol beverages alone (remote
order) if all of the following apply: 1) the retailer holds a Class “A” or “Class A” license
or holds a Class “B” or “Class B” license issued for a grocery store or restaurant; 2)
the products ordered are delivered to the customer by the retailer or by an
independent delivery service that derives less than half its revenues from delivering
alcohol beverages; 3) full payment for the order is made at the time the order is
placed, although a delivery tip is permitted; 4) at the time the order is placed, the
customer asserts that the customer is at least 21 years of age and not intoxicated; and
5) at the time of delivery and prior to transferring possession of the alcohol beverages
to the customer, the delivery service examines the customer's identification, verifies
visually and by using electronic scanning technology that the customer is at least 21
years of age, and creates a record of this age verification. Age verification records
must be retained by the retailer for one year. An individual may not deliver alcohol
beverages to a customer unless the individual is at least 21 years of age and has
successfully completed a responsible beverage server training course or comparable
course. Alcohol beverages may not be delivered to a person who is less than 21 years
of age or visibly intoxicated. If alcohol beverages are delivered by a delivery service
to an underage person, the delivery service is liable for the violation, and the retailer
is not liable if the customer asserted when placing the order that he or she is at least
age 21.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB931,1 1Section 1 . 125.02 (20) of the statutes is amended to read:
SB931,3,22 125.02 (20) “Sell", Subject to ss. 125.272 (2) (g) 1. and 125.51 (6) (b) 7. a., “sell,”
3“sold",,” “sale ," or “selling" means any transfer of alcohol beverages with
4consideration or any transfer without consideration if knowingly made for purposes
5of evading the law relating to the sale of alcohol beverages or any shift, device,

1scheme or transaction for obtaining alcohol beverages, including the solicitation of
2orders for, or the sale for future delivery of, alcohol beverages.
SB931,2 3Section 2. 125.07 (1) (b) 7. of the statutes is created to read:
SB931,3,104 125.07 (1) (b) 7. If a licensee processes and fills a remote order under s. 125.272
5(2) or 125.51 (6) (b) in reliance on the customer's assertion that the customer has
6attained the legal drinking age and delivery is made by a 3rd-party delivery service,
7the licensee is not subject to any penalty under this paragraph and the only penalty
8applicable if the alcohol beverages are delivered to an underage person is that
9specified for the 3rd-party delivery service under ss. 125.272 (2) (h) 1. and 125.51 (6)
10(b) 8. a.
SB931,3 11Section 3. 125.07 (2) (c) of the statutes is created to read:
SB931,3,1612 125.07 (2) (c) Exception for certain delivered alcohol beverages. If a licensee
13processes and fills a remote order under s. 125.272 (2) or 125.51 (6) (b) in reliance on
14the customer's assertion that the customer is not intoxicated, the licensee is not
15subject to any penalty under par. (b) unless the licensee delivers the alcohol
16beverages and violates s. 125.272 (2) (d) or 125.51 (6) (b) 4. at the time of delivery.
SB931,4 17Section 4. 125.272 of the statutes is renumbered 125.272 (1) and amended to
18read:
SB931,3,2219 125.272 (1) Except as provided in sub. (2) and ss. 125.26 (2m), (2s), and (2x) and
20125.27 (4) and except with respect to caterers, a retail license issued under s. 125.25
21or 125.26, and a retail permit issued under s. 125.27, authorizes only face-to-face
22sales to consumers at the premises described in the retail license or permit.
SB931,5 23Section 5. 125.272 (2) of the statutes is created to read:
SB931,3,2424 125.272 (2) (a) In this subsection:
SB931,3,2525 1. “Record” has the meaning given in s. 137.11 (12).
SB931,4,4
12. “Remote order” means an order for the sale and delivery of both food and
2alcohol beverages or alcohol beverages alone that is received by a retail licensee by
3means of the Internet, telephone, or any other method of communication under
4which the customer is not physically located on the licensed premises.
SB931,4,65 (b) A retail licensee may process and fill a remote order if all of the following
6apply:
SB931,4,87 1. The licensee holds a retail license issued under s. 125.25 or issued under s.
8125.26 for a restaurant or grocery store.
SB931,4,129 2. The products ordered are delivered to the customer by the licensee or by a
103rd-party delivery service that is independent of the licensee and that derives less
11than 50 percent of its annual revenues associated with food and beverage delivery
12from the delivery of alcohol beverages.
SB931,4,1413 3. Full payment for the order is made at the time the order is placed and no
14payment, other than a tip, is made at the time of delivery.
SB931,4,1615 4. At the time the order is placed, the customer asserts that the customer has
16attained the legal drinking age and is not intoxicated.
SB931,4,1817 5. At the time the products ordered are delivered, the individual delivering the
18order complies with pars. (c), (d), and (e).
SB931,4,2119 (c) An individual may not deliver alcohol beverages to a customer under this
20subsection unless the individual making the delivery does all of the following at the
21time of delivery:
SB931,4,2322 1. Prior to transferring possession of the alcohol beverages to the customer,
23confirms the customer receiving delivery is the person who placed the order.
SB931,5,324 2. Prior to transferring possession of the alcohol beverages to the customer,
25performs an in-person examination of the customer's identification document

1containing proof of age and verifies by visual examination and by using electronic
2scanning technology that the customer receiving delivery of the order has attained
3the legal drinking age.
SB931,5,44 3. Creates a record of the age verification under subd. 2.
SB931,5,65 (d) An individual may not deliver alcohol beverages under this subsection to
6a person who is visibly intoxicated.
SB931,5,87 (e) An individual may not deliver alcohol beverages to a customer under this
8subsection unless all of the following apply:
SB931,5,99 1. The individual has attained the legal drinking age.
SB931,5,1110 2. The individual has successfully completed a responsible beverage server
11training course or comparable training course as described in s. 125.04 (5) (a) 5.
SB931,5,1412 (f) A 3rd-party delivery service shall provide to the retail licensee on whose
13behalf the delivery is made an original or duplicate of each age verification record
14required under par. (c) 3.
SB931,5,1815 (g) 1. If a licensee processes and fills a remote order under this subsection, the
16sale of fermented malt beverages occurs at the time the consumer pays for the
17fermented malt beverages, regardless of when the consumer takes possession of the
18fermented malt beverages.
SB931,6,219 2. Notwithstanding s. 125.33 (9), if a 3rd-party delivery service is unable to
20complete delivery of fermented malt beverages to a customer under this subsection,
21the 3rd-party delivery service may return the fermented malt beverages to the
22licensee from which the fermented malt beverages delivery originated and the
23licensee may, in its discretion, cancel the sale of the fermented malt beverages and
24credit the customer's account. Notwithstanding s. 125.33 (9), if a licensee is unable
25to complete delivery of fermented malt beverages to a customer under this

1subsection, the licensee may, in its discretion, cancel the sale of the fermented malt
2beverages and credit the customer's account.
SB931,6,73 (h) 1. Delivery of alcohol beverages under this subsection to an underage person
4shall be considered a violation of s. 125.07 (1) (a) 1. if delivery is made by a 3rd-party
5delivery service or s. 125.07 (1) (a) 2. if delivery is made by a licensee, as well as a
6violation for purposes of s. 125.07 (1) (b) 1., subject to the same defenses that apply
7or would apply to a licensee under s. 125.07 (6).
SB931,6,108 2. Delivery of alcohol beverages under this subsection to a visibly intoxicated
9person shall be considered a violation of s. 125.07 (2) (a) 1. if delivery is made by a
103rd-party delivery service or s. 125.07 (2) (a) 2. if delivery is made by a licensee.
SB931,6,1311 (i) This subsection applies only during a public health emergency declared by
12the governor under s. 323.10 and for an additional 30 days after the final day of the
13declared public health emergency.
SB931,6 14Section 6. 125.51 (6) of the statutes is renumbered 125.51 (6) (a) and amended
15to read:
SB931,6,1916 125.51 (6) (a) Except as provided in par. (b) and subs. (3) (bm), (bs), and (bx)
17and (5) (e) and except with respect to caterers, a retail license or permit issued under
18this section authorizes only face-to-face sales to consumers at the premises
19described in the retail license or permit.
SB931,7 20Section 7. 125.51 (6) (b) of the statutes is created to read:
SB931,6,2121 125.51 (6) (b) 1. In this paragraph:
SB931,6,2222 a. “Record” has the meaning given in s. 137.11 (12).
SB931,6,2323 b. “Remote order” has the meaning given in s. 125.272 (2) (a) 2.
SB931,6,2524 2. A retail licensee may process and fill a remote order if all of the following
25apply:
SB931,7,2
1a. The licensee holds a retail license issued under sub. (2) or issued under sub.
2(3) for a restaurant or grocery store.
SB931,7,63 b. The products ordered are delivered to the customer by the licensee or by a
43rd-party delivery service that is independent of the licensee and that derives less
5than 50 percent of its annual revenues associated with food and beverage delivery
6from the delivery of alcohol beverages.
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